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NICOLAUS v. DEMING

No. 10235.

139 N.W.2d 875 (1966)

Albert NICOLAUS and Elva Nicolaus, Plaintiffs and Respondents, v. John C. DEMING and Ruby Deming, Defendants and Appellants.

Supreme Court of South Dakota.

January 31, 1966.

Attorney(s) appearing for the Case

Dennis R. Padrnos, Mitchell, argued the cause for defendants and appellants.

William D. Wernke, Gregory, argued the cause for plaintiffs and respondents.

BIEGELMEIER, Judge.

This is an appeal from a judgment of specific performance requiring conveyance of land from defendants to plaintiffs pursuant to an instrument entitled "Option to Purchase Real Property". At the trial defendants claimed they signed the Option by mistake believing it was merely some type of instrument to enable plaintiffs to acquire a loan. The main issue raised on the appeal is the insufficiency of the evidence to support the trial court's findings...

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